Terms Of Use

These Terms of Use were last updated on 15 May 2023.

Welcome to the Hand to Heart Project, a platform for sharing parenting experiences and related resources.

Hand to Heart Project is operated by Hand to Heart Project Limited NZBN 9429050538355  (referred to in these Terms as we, us and our).  These Terms of Use (Terms) govern your access to and use of our website www.handtoheartproject.com  and our social media sites (together our Online Platforms).

By using our Online Platforms, you agree that you will be bound by these Terms and our Privacy Policy.  If you do not accept these Terms or the Privacy Policy, you should not access or use our Online Platforms.

These Terms may be varied by us at any time in our sole discretion. All amendments to these Terms will be effective immediately when we post them on our website. You must ensure that you have read, understood and agree to these Terms. You agree that your continued use of our Online Platforms represents your agreement to be bound by the most recent Terms. If you do not agree with a change that we make to these Terms, you must stop using our Online Platforms.

1. Online Platforms

1.1 Our Online Platforms:

(a) contain information about parenting experiences and related resources (Parenting Information); and

(b) are only intended for use by people living in New Zealand. 

We make no representations that the Online Platforms or the Parenting Information are appropriate for use by persons outside New Zealand and we do not accept any responsibility for use of the Online Platforms or the Parenting Information by such persons. 

1.2 You acknowledge and agree that the Parenting Information:

(a) is provided for guidance and informational purposes only;

(b) does not constitute a recommendation or endorsement by us of any course of action;

(c) is not intended as a substitute for, nor does it replace, a qualified professional’s independent advice; and

(d) may be modified or deleted by us at any time.

1.3 By using our Online Platforms, you agree that you:

(a) have read and understood these Terms, including the Privacy Policy;

(b) will only access and use the Online Platforms or the Parenting Information for your own personal use and only as expressly permitted under these Terms;

(c) will comply with any third party terms that are applicable to your use of our Online Platforms;

(d) will not extract or re-use any Parenting Information or any part of the Online Platforms. In particular, you may not use any data mining, robots, scraping or similar tools to extract any Parenting Information or any part of the Online Platforms; and

(e) will not infringe the rights of any other person and will comply with all applicable laws in using our Online Platforms.

1.4 We may, in our sole discretion, modify the Online Platforms from time to time without notifying you. Where any modification has an adverse impact on you or your use of the Online Platforms, you may cease using our Online Platforms. 

2. Third Party Content

Content

2.1 We may provide you with access to third-party content (Third Party Content) as part of the Parenting Information.  You agree that:

(a) such third party content is made available to you "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement; and

(b) we will have no liability whatsoever arising from or relating to your use of such Third Party Content.

Links

2.2 The Online Platforms may contain links to internet websites maintained or owned by third parties and which are governed by the terms of use of those websites. We do not endorse or approve, and are not responsible for, the content or material on those other websites. 

3. User Generated Content

3.1 Certain parts of our Online Platforms may allow you to leave comments, respond to comments or provide feedback (collectively, User Generated Content). It is important that all User Generated Content is posted with integrity and honesty.

(a) If you intend to publish any User Generated Content, you are solely responsible for your User Generated Content and you will reimburse us for any costs we reasonably incur in relation to any claims against us resulting from your User Generated Content.

(b) You will not post, or transmit to other users, any User Generated Content (including links to other content), or otherwise engage in any activity through our Online Platforms, that:

(i) breaches the rights (including intellectual property rights) of any party;

(ii) uses another person’s personal information other than for the specific purposes for which that person’s personal information was provided to you;

(iii) is intended to bully, harass, annoy, threaten or intimidate any other user; or

(iv) is objectionable or unlawful (including being defamatory, discriminatory, abusive, sexually-related, racially or ethically objectionable in nature).

3.2 You acknowledge and agree that:

(a) we do not control, and therefore are not responsible for, any User Generated Content;

(b) the views expressed in User Generated Content may not be our views. While we will try to monitor User Generated Content where possible, you use and rely on User Generated Content at your own risk;

(c) we may use your User Generated Content without any restriction and for any purpose, and without compensation to you.  You grant us an irrevocable, transferrable, royalty free, perpetual license to use your User Generated Content for our business purposes and you expressly waive any moral rights you may have in such User Generated Content; and

(d) we have the right to remove from, or refuse to post on, our Online Platforms any User Generated Content in our sole discretion.

4. Our Intellectual Property

4.1 All intellectual property rights in the Parenting Information and the Online Platforms, including copyright, belong to us and/or our licensors. You do not have any intellectual property rights in the Parenting Information and the Online Platforms.

4.2 You must not copy, reverse engineer, decompile, disassemble, modify, re-post to other websites, frame, deep link to, change, or otherwise distribute, license, sub-licence or transfer in any form, the Parenting Information or the Online Platforms. Nothing contained in any of the Online Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trade mark without our written permission or the written permission of the party that may own the trade mark.

5. Privacy

5.1 If you provide us with personal information, then our Privacy Policy applies. Please read the Privacy Policy carefully as it forms a part of these Terms.  By using our Online Platforms you are permitting us to, and you warrant that you have obtained all necessary consents and authorisations as required to allow us to, collect, hold, use, store and share any personal information you upload or post to our Online Platforms, or otherwise provide to us, in accordance with our Privacy Policy.

6. Responsibilities and liability

6.1 We exclude all implied terms to the fullest extent permitted by law.  In particular, we do not promise that:

(a) our Online Platforms or the Parenting Information will be available at all times;

(b) your use of our Online Platforms will be uninterrupted or error-free;

(c) the Parenting Information is accurate, reliable, up-to-date or adequate;

(d) Online Platforms and the Parenting Information will meet your requirements or be fit for a particular purpose; or

(e) our Online Platforms will be secure or free from viruses.

6.2 To the fullest extent permitted by law, we exclude any and all liability we may have to you or any other person under or in connection with:

(a) your failure to comply with these Terms;

(b) any delay or loss of access to, or use of, our Online Platforms at any time;

(c) any virus that affects or is introduced into our Platforms other than as a result of our negligence;

(d) any unauthorised access or loss of User Generated Content, or any other data (including personal information) that you provide to us that is beyond our control; or

(e) any other cause or event beyond our control.

This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

6.3 We are not responsible for how Online Platforms and the Parenting Information is used or what reliance is placed on any Parenting Information.  We do not accept any responsibility for the results of any action taken on the basis of the information provided on or through the Online Platforms.  

6.4 Subject to clauses 6.2 and 6.6, neither you nor we (relevant party) will be responsible to the other party for any loss or damage other than foreseeable loss and damage caused directly by the relevant party.  If the relevant party fails to comply with these Terms, the relevant party will be responsible for loss or damage the other party suffers that is a direct and foreseeable result of that failure, but the relevant party is not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.

6.5 In any event, to the extent permitted by law and subject to clause 6.6, the total liability of each of you and us to the other party is limited to NZ$100.

6.6 Clauses 6.4 and 6.5 do not apply to limit your liability to us for any loss, damage, cost or expense we incur or suffer as a result of:

(a) your User Generated Content;

(b) your infringement of any third party’s rights; and/or

(c) any claim by a third party resulting from your breach of these Terms or any unlawful or negligent act of omission of yours, 

and you will reimburse us for any costs we reasonably incur in relation to (a) to (c) above.

7. General

These Terms are the entire agreement between you and us in relation to our Online Platforms.  If any part of these Terms is judged invalid or unenforceable it will be excluded, and the remainder of these Terms will continue to operate.  These Terms are governed by the laws of New Zealand. Should you wish to take any action against us relating to the Parenting Information, the Online Platforms or these Terms, you agree that any such action must be taken in the New Zealand courts.